Summary of Laws with Upcoming Effective Dates
Effective October 1, 2020, employers are restricted from entering into nondisclosure or nondisparagement agreements at the time of hiring and during settlement and severance negotiations that prevent the employee from disclosing or discussing discrimination or sexual assault. However, such provisions are permitted when an aggrieved employee voluntarily requests to sign a nondisclosure, nondisparagement, or no-rehire agreement and will have seven days to revoke the agreement and/or if an employer makes a good faith determination that an employee has engaged in discriminatory conduct prohibited by Oregon law, including sexual assault.
Effective October 1, 2020, employers are required to adopt an anti-discrimination policy, make it available to employees within the workplace, and provide a copy to new hires and to employees who make a complaint about prohibited discrimination or harassment. The policy must include:
- A process for employees to report prohibited conduct
- Identification of the person(s) responsible for receiving complaints, including an alternate person
- The five-year statute of limitation for bringing a claim of discrimination or sexual assault
- A statement that the employer may not require or coerce employees to sign a nondisclosure or nondisparagement agreement, including a description of the meaning of those terms
- An explanation that an aggrieved employee may voluntarily request to sign a nondisclosure, nondisparagement, or no-rehire agreement and will have seven days to revoke the agreement
- A statement advising employers and employees to document incidents of unlawful discrimination or sexual assault
The Oregon Bureau of Labor & Industries’ site contains a model policy for employers to use.